Female Genital Mutilation: Prosecutions
(Nottingham North) (Lab/Co-op)
1. What steps the CPS is taking to improve the rate of prosecution
of people responsible for female genital mutilation. [900796]
(Swansea East) (Lab)
4. What steps the CPS is taking to improve the rate of
prosecution of people responsible for female genital mutilation.
[900800]
The Solicitor General ()
The Crown Prosecution Service is determined to bring those
responsible for female genital mutilation to justice. These are
complex cases, usually involving very young and vulnerable
victims. When expert medical evidence confirms that an offence
has been committed, CPS prosecutors work closely with the police
from the outset to build robust cases. This Government regard FGM
as a serious criminal offence of child abuse, and we are
committed to tackling this appalling crime.
I am grateful to the Minister for that answer. In Nottingham, we
are really proud to be the first community in the country to
declare ourselves a zero-tolerance area for FGM, but we cannot do
this alone. We need other parts of the system to work, too, so
can the Minister assure me and the campaigners in my community
that the Crown Prosecution Service is adequately resourced to do
all the good things that he has just described and that it is
focused on doing them as a priority?
The Solicitor General
I commend the hon. Gentleman and the city of Nottingham for what
they are doing in this area. I have been told that piloting and
trialling are taking place in some Nottingham schools. The CPS is
working very hard to fight the scourge of female genital
mutilation. We have lead FGM prosecutors in each CPS area, and
there is a stakeholder group for so-called honour-based abuse and
forced marriage, as well as FGM. That met twice in 2019, and it
is already helping to improve investigation and prosecution
performance.
The lack of services to support the victims of female genital
mutilation is often seen as a reason why so many cases are left
unreported. What effect does the Attorney General—whoever that
might be—think the cuts to the Crown Prosecution Service have had
on the reporting of FGM cases?
The Solicitor General
I am pleased to say that £85 million has just been allocated by
this Government to the Crown Prosecution Service. That enormous
sum has been very well received. The reality is that FGM is a
complex criminal offence. It is difficult to prosecute, but when
these matters are made the subject of a complaint, every effort
is made to gold-standard the process to make proceeding as easy
as possible. I say again that the joint police-CPS taskforce—the
stakeholder group—was established in order to make progress
across this range of areas, including pre-prosecution.
(Tonbridge and Malling)
(Con)
My hon. Friend has spoken a lot about FGM in the UK, but does he
agree that a lot of the problems come when children go abroad? At
the moment, the Gambian Government are rewriting their
constitution and there is a question mark as to whether they will
maintain the clause banning all forms of FGM. Will he reach out
to his opposite number in Gambia, through the Foreign Office, and
support them in drafting a constitution that is appropriate in
this area? Will he also support the work that people such as
Nimco Ali are doing to ensure that our voice and the voices of
women around the world are heard?
The Solicitor General
Nimco Ali is doing some great work in this area. We will liaise
with the Foreign Office, where appropriate, to offer our views. I
can also say that the point my hon. Friend makes has a tendency
to raise jurisdictional issues, which is one of the points of
complexity that we have in prosecuting these cases. However,
every effort is—rightly so—being made to tackle this appalling
crime.
Domestic Violence: Prosecutions
(Blaydon) (Lab)
2. What recent discussions he has had with the Director of Public
Prosecutions on the effectiveness of the CPS in prosecuting cases
involving domestic violence. [900798]
The Solicitor General ()
Domestic abuse offences are horrific crimes that can have
long-lasting traumatic effects on victims. It is of the utmost
importance that victims are provided with robust protection to
protect them from repeat offending. The Crown Prosecution Service
is committed to prosecuting these crimes and ensuring victims are
supported. That is why the CPS led the implementation of a
national domestic abuse best practice framework for magistrates
court cases in 2019. The framework provides a holistic approach,
going further than the criminal justice system and ensuring
consistent good practice by all agencies.
Nearly three quarters of a million domestic abuse-related cases
were recorded in total—a rise of almost a quarter on the previous
year. What is the Attorney General doing to combat that and to
ensure that many more cases are prosecuted?
The Solicitor General
I thank the hon. Lady for raising this important issue. In
2007-08, offences involving violence against women and girls
accounted for 7.1% of CPS case load. The figure is now 17%, but I
very much accept that more work needs to be done. There has been
a rise of over 8% in prosecutions for crimes of violence against
women and girls, and the conviction rate has risen—it is now
78.2%. However, I agree that more needs to be done, and it will
be.
(Torfaen) (Lab)
In the year to March 2019, which is the last year for which we
have a full set of statistics, the number of domestic abuse
incidents and crimes recorded by the police in England and Wales
increased by over 118,000 on the previous year. However, over the
same period, police referrals to the CPS fell by 11%. What are
the Government going to do about that?
The Solicitor General
The Government are working very hard in this area. In fact, I
have personally dealt with a case in the Court of Appeal, trying
to get the sentence raised on a domestic violence rape. However,
I understand that the reduction in the number of suspects
charged, together with the falling charge rate, is a cause for
concern. We await the findings of what the hon. Gentleman knows
is the cross-Government review of the criminal justice system’s
response to this matter, but the report by Her Majesty’s Crown
Prosecution Service Inspectorate identifies a number of relevant
issues, and I urge him to have a look at it.
The statistics show that 2.1 million people experienced domestic
violence over this period—1.4 million women and 700,000 men.
There is also this shocking disparity between the number of
incidents and the number of subjects charged. The Solicitor
General talks about there being a cause for concern and about
reviews, but surely, given the scale of the problem, we need
action now.
The Solicitor General
Action is being taken now. CPS policy on charging these matters,
including on the charging of rape, has not changed. The code test
has not changed; it still applies to all cases, no matter how
minor, no matter how serious. Prosecutors do not apply a
bookmaker’s test on this. They do not try to second-guess the
jury. Where there is sufficient evidence to prosecute, they do,
and they will. The CPS will not hesitate to do that.
(Dudley South) (Con)
My constituent Chloe was held captive by her former partner for
several months, but she found the time waiting for her abuser’s
trial almost as traumatic. Does the Solicitor General agree that
if we are to expect the survivors of domestic abuse and violence
to have the bravery to come forward, they need to be confident
that they will get the support they need at this horrific time?
The Solicitor General
Yes, it is very important that they have the maximum support.
Delay is always undesirable. I might add that, in an inspection
into domestic abuse cases that was published only a few weeks
ago, inspectors noted that CPS prosecutors had applied the code
correctly in 100% of cases they examined.
(East Renfrewshire)
(SNP)
The recent criminal justice joint inspection report noted that
“the domestic abuse caseload for both the CPS and the police has
increased by 88% against the backdrop of a 25% reduction in
police and CPS funding.”
This is leaving staff stretched and facing difficult decisions.
Will the Solicitor General pursue the Chancellor for the
resources necessary so that decisions are made according to
public interest, rather than budgetary pressures?
The Solicitor General
These decisions are always made according to public interest and
not to budgetary pressures. As I have mentioned before, the
Treasury has already supplied £85 million more to the CPS, which
is a very welcome sum and will be well spent.
County Lines Criminal Activity
(Arundel and South Downs)
(Con)
3. What steps the CPS is taking to prosecute people responsible
for county lines criminal activity. [900799]
(Berwickshire, Roxburgh and
Selkirk) (Con)
6. What recent assessment he has made of the effectiveness of the
CPS in prosecuting perpetrators of criminal activity by county
lines networks. [900802]
The Solicitor General ()
The county lines model of drug distribution blights communities
and fuels serious violence. The CPS provides early advice to law
enforcement to build strong cases against county lines and to
ensure the robust prosecution of those using county lines to sell
drugs. We have recent cases that highlight that model.
We are all victims when it comes to county lines drug gangs, and
no more so than my constituents in Hassocks, which lies on the
main London to Brighton railway line. On their behalf, will my
right hon. and learned Friend consider making involvement in
county lines activity an aggravated offence?
The Solicitor General
My hon. Friend makes a very good point. British Transport police
is doing good work in this area, and the Home Office is providing
£25 million of targeted investment over this year and next year
to tackle this particular issue, £5 million of which is already
in operational use. Overall, expanding the national county lines
co-ordination centre will be very positive in getting results,
including work with British Transport police to prevent
disruption on the rail network. There is also investment in new
technology, including automatic number plate recognition. We are
working across the board with law enforcement agencies and
partners to deal with these gangs.
As well as addressing county lines networks, what discussions is
my right hon. and learned Friend having with the Scottish
Government to deal with county lines across the border between
Scotland and England?
The Solicitor General
My hon. Friend is right to raise that point. I am pleased to say
there is good co-operation across jurisdictions—between the
English and Scottish authorities—and between the different
counties in England that co-ordinate on these matters. The NCLCC
is working in this area, and I understand it is working very
effectively.
(Rutherglen and Hamilton
West) (SNP)
The work of these gangs stretches right across the UK, with more
than 20 known to be operating county lines in Scotland. Can the
Solicitor General assure me that prosecutors in the different
criminal jurisdictions are working closely together to ensure
that those behind “country lines” are brought to justice as
speedily and effectively as possible?
The Solicitor General
The hon. Lady raises a good point. We know that county lines do
not respect internal borders, and Police Scotland is engaged in
the national law enforcement response to this issue. I am pleased
to say Police Scotland is working as part of the NCLCC, which was
established with £3.6 million of Home Office funding in 2018.
Public Understanding of the Law
(Newport East) (Lab)
5. What steps the Government are taking to increase public
understanding of the law. [900801]
The Solicitor General ()
I chair the public legal education committee, and I regularly
engage with stakeholders and other Government Departments on
public legal education to explore how we can increase public
understanding of the law. Valuable work is ongoing in this area.
During Justice Week, for example, the “big legal lesson” will be
delivered in schools around the country on 24 February 2020. I
will also attend an MP drop-in session in Portcullis House on 26
February—you will be very welcome, Mr Speaker—to raise awareness
of the justice system. I urge all colleagues to pop by.
We are seeing more and more litigants-in-person due to the
Government’s legal aid cuts, and many people never pursue their
rights to see their children or to make financial claims because
they do not know how. What will Ministers do to help people
access justice, which is their right?
The Solicitor General
It is right that public legal education provides people with
vital awareness, which is what it does. People need knowledge and
understanding of their rights and responsibilities, but it is
wrong to say it is a quid pro quo with legal aid. It acts as an
adjunct to legal aid, and individuals face difficult challenges
and sometimes require additional help. The pro bono work we see
in the public legal education carried out by the legal and the
third sectors helps to make a real difference. I have visited a
number of locations, including the pro bono unit at the
University of Leicester just last week, and they are helping
people. This is a valuable exercise.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
Understanding of the law is vital for the rule of law, but as the
president of the Law Society reminded us this week, in the light
of the deportation rulings, so, too, is judicial review. So why
does No. 10 keep attacking judges, instead of law-breaking
Ministers? Is judicial review not all the more important because
although Parliament might not be “dead”, as the former Attorney
General described it, it is utterly supine on providing checks on
ministerial powers?
The Solicitor General
I do not think Parliament is supine in any context. The reality
of the matter is that public legal education provides valuable
insight and awareness to young people, in particular, about
rights and responsibilities. I do not recognise the
characteristic the hon. Gentleman puts on the issue.
Offences Against Emergency Workers: Prosecutions
(Bridgend) (Con)
7. What recent assessment he has made of the effectiveness of the
CPS in prosecuting offences against emergency workers. [900803]
(Walsall North) (Con)
8. What recent assessment he has made of the effectiveness of the
CPS in prosecuting offences against emergency workers. [900804]
The Solicitor General ()
The CPS takes offences against emergency service personnel
extremely seriously. Between November 2018 and November 2019, the
first year of the offence coming into effect, almost 20,000
offences were charged under the Assaults on Emergency Workers
(Offences) Act 2018, three quarters of which were assaults by
beating; there were 19,771 offences against emergency workers,
including 5,362 common assaults. In January, the CPS published a
joint agreement with the National Police Chiefs’ Council, NHS
England, the National Fire Chiefs Council and Her Majesty’s
Prison and Probation Service. This shared understanding, and it
will ensure that cases continue to be prosecuted and investigated
effectively.
Dr Wallis
Reports of serious and violent crimes endured by emergency
services staff have caused some of my constituents worry and
anguish about loved ones who work in this area. What assurances
can my right hon. and learned Friend give my constituents that
the Government are taking steps to reduce serious and violent
crime?
The Solicitor General
My hon. Friend is right to raise this point. I warn anyone who
engages in any type of offence against an emergency service
worker that the law will deal with them harshly; the estimated
conviction rate, based on the first cases to go through the
courts, was 90%. It is right that we see uplifts in sentence for
those who assault emergency service workers, who serve the public
diligently and courageously.
I thank the Minister for that answer. I think everybody in this
House will endorse the idea that we should protect the
protectors, so will he assure us that we will seek the maximum
sentence when prosecuting these crimes?
The Solicitor General
Sentencing is a matter for the courts, but I agree with my hon.
Friend in practice. A review sample revealed that nine in 10
assaults were against police officers. Almost all of those took
place when the attacker was intoxicated by drink or drugs, and
when they were being arrested or an unrelated offence was
involved. Spitting was common. The violence perpetrated was
wide-ranging, and included kicking, punching, headbutting,
slapping and biting. The courts should and will come down on
these offenders.
Leaving the EU: Human Rights and the Rule of Law
(Swansea West)
(Lab/Co-op)
9. What recent assessment he has made of the effect of the UK's
departure from the EU on (a) legal protections on human rights
and (b) the rule of law. [900805]
The Solicitor General ()
The United Kingdom has a long tradition of ensuring that rights
and liberties are protected domestically, fulfilling its
international human rights obligations and upholding the rule of
law. Leaving the European Union has not and will not change that.
The Solicitor General knows that our institutions of liberal
democracy—the BBC, the judiciary and the civil service—are under
attack. He is planning to water down the Human Rights Act. Will
he give a solemn undertaking that we will not be withdrawing from
the European convention on human rights, which was established 62
years ago, with the help of Winston Churchill, and nor will we
withdraw from the Council of Europe?
The Solicitor General
The UK is committed to human rights. The fact is that our EU exit
does not change that; the UK will continue to champion human
rights, at home and abroad—it is part of who we are as a people.
We practised human rights before the 1998 Act and we will
continue to do so. We are committed to upholding the rule of law.
The UK is a beacon in this area around the world, and leaving the
EU does not change that.
CPS Disclosure Obligations
(Ellesmere Port and Neston)
(Lab)
10. What recent discussions he has had with Cabinet colleagues on
the correlation between the level of CPS resources and its
ability to comply with its disclosure obligations. [900806]
The Solicitor General ()
The proper disclosure of unused material is vital if there is to
be a fair trial, which is in the interests of the complainant,
the accused and the whole community. There has been unprecedented
joint commitment and focus from the police and the CPS on finding
solutions to the problem of getting disclosure right. The £85
million investment in the CPS, to which I have alluded, will
enable the CPS to respond effectively to the expected increase in
case load resulting from the recruitment of 20,000 new police
officers.
It is pretty clear that currently justice is not being done. Does
the Solicitor General accept that that fund is simply not going
to be enough to get the justice that this country deserves?
The Solicitor General
No, I do not accept that. In fact, the £85 million that was given
to the CPS recently was the largest sum, pro rata, given to any
Government Department. It is right that it is a priority for the
Government to deal with criminal justice robustly, which is what
the Government are going to do.
Antisemitic Hate Crime: Prosecutions
(High Peak) (Con)
11. What steps the CPS is taking to improve the prosecution rate
for antisemitic hate crime. [900807]
The Solicitor General ()
The proper disclosure of unused material is vital if there is to
be a fair trial, and we will continue to focus on these issues,
including on the issue of better meeting the disclosure
obligations. We will work with investigators to pursue all
reasonable lines of inquiry.
The CPS does not currently publish figures on hate crime
prosecution rates disaggregated by racial and religious bias.
Will the Solicitor General join me in urging the CPS to make that
data available so that we can judge its performance on
antisemitism and properly tackle this most hateful form of crime?
The Solicitor General
The issue of antisemitism, which my hon. Friend rightly raises,
is one of very considerable concern. Just last week, I visited
the Community Security Trust in north London; the work that the
trust does with the Jewish community to combat antisemitism is
significant and very much appreciated. My hon. Friend is right
that it is important that proper records are kept by the CPS in
respect of these matters, and we are constantly discussing with
the CPS how better it can review its statistics and keep these
things properly in the mind of the general public.
